What is the ruling regarding the termination of a labor contract (*Mudarabah* or similar joint venture) if the laborer flees?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the laborer flees, the owner of the capital has the right to terminate the contract because it is a revocable contract (*aqd jaiz*). If the ruling is deemed binding (necessary), the situation is judged as if the laborer has died and his heir refuses to take his place. In such a case, if a judge cannot find capital for the deceased, and it is possible for the judge to borrow funds on behalf of the estate from the public treasury (*Bayt al-Mal*) or elsewhere, the judge must do so. If borrowing is not possible, but someone can be found to work for a delayed wage until the time the fruit is realized, that action should be taken. If neither of these options is feasible, then the owner of the capital has the right to terminate the contract.

Supporting text

If the laborer dies, one cannot borrow on his behalf because he no longer possesses a legal liability or capacity (*dhimmah*).